Historically, borders have been treated much differently than the
interiors of the country, because once a person crosses in, they are
able to dispose of their property more readily, making it less likely
the government will be able to obtain a warrant to search possessions.

Since
9/11, it has become even more difficult to cross the border without a
search, especially searches of computers with respect to concealing
terrorists plans, says retired Superior Court Judge of Santa Clara,
California, Eugene Hyman.

A recent 9th circuit ruling said that
searches of electronic devises are far greater intrusions into a
traveler's privacy and must be justified by a greater degree of
suspicion before the search can occur. The case revolved around the
searching of a computer of a convicted pedophile and the decision was
reversed, saying this was an insufficient reason for a seizure without a
warrant.

An east coast appellate court ruled the other way, in
saying the seizure was appropriate, therefore setting up a potential
situation where the matter might go before the U.S. Supreme Court, says
Hyman, so that there can be a consistent ruling throughout the U.S.

Hyman
asks where the line is drawn - on the one hand, you need a warrant with
respect to computers but is one needed with respect to cameras or cell
phones?